A21-0001FILE REFERENCE FORM
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Ordinance A21-0001- Approving the Municipal Service
Agreement which is attached to Ordinance A21 -0001c
08/03/2021
CW
A21 -0001a - Public Hearing and consider petition for voluntary
annexation
08/03/2021
CW
A21 -0001b - First reading of voluntary annexation.
08/03/2021
CW
Ordinance A21 -0001c - Second reading and approval of voluntary
annexation with approved and signed Municipal Service
Agreement attached
09/14/2021
CW
A21-0001
ORDINANCE NO. _.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A MUNICIPAL
SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672,
BETWEEN THE CITY OF DENTON AND THE HARRIS RANCH OWNERSHIP AS
DEFINED HEREIN FOR THE PROVISION OF CITY SERVICES TO APPROXIMATELY
247.78 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
I-35 NORTH AND THE FUTURE EXTENSION OF LOOP 288; APPROVING A SCHEDULE
OF ANNEXATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (A21-0001)
WHEREAS, the applicant Dennis Chovan of Halff & Associates Inc., on behalf of the
property owners, Robert W. Harris in his individual capacity and as Trustee for the Robert W.
Harris Heritage Trust; Richard A_ Harris III, as Trustee for the Richard A. Harris III Investment
Trust; Lisa J. Harris, as Trustee for the Lisa J. Harris Investment Trust; Joneel J. Harris, as Trustee
for the Richard A. Harris Jr. & Joneel J. Harris Living Trust; Joneel J. Harris, as Trustee of the
Marital Trust created under the Richard & Joneel Harris Living Trust (hereafter collectively
referred to as "Harris Ranch Ownership" or "Owner"), has submitted a petition for voluntary
annexation of approximately 247.78 acres of land in Denton County, Texas as described in Exhibit
A attached hereto and incorporated herein ("Property"); and
WHEREAS, the City of Denton must first negotiate a written Services Agreement with the
Owner of the real property subject to a petition for voluntary annexation, pursuant to Tex. Loc.
Govt. Code Sec. 43.0672, that contains (1) the services that the City of Denton will provide on the
effective date of the annexation and (2) a schedule that includes the period within which the City
of Denton will provide each service that is not provided on the effective date of the annexation;
and
WHEREAS, the City of Denton and the Owner have come to an agreement about the
provision of full services to the Property following the annexation of the Property; and
WHEREAS, the City Council of the City of Denton finds it to be in the best interest of the
citizens of Denton to enter into a Municipal Services Agreement with the Owner; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Municipal Services Agreement ("Agreement"), made in accordance with
applicable provisions of state law pertaining to annexation, is approved and attached hereto as
Exhibit B and is made a part hereof for all intents and purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement
and to carry out the duties and responsibilities of the City of Denton under the Agreement.
SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and
adopted for this annexation.
SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall be affected thereby.
SECTION 6. This Ordinance shall be effective immediately upon its passage and approval.
The motion to approve this ordinance was made by�� S52 1�-� V S ^_ and
seconded by e tops -\ HOAS �=R- -�- V) , the ordinance was passed and approved by
the following vote [ -� -
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: f
Vicki Byrd, District 1: ✓
Brian Beck, District 2: J
Jesse Davis, District 3:
Allison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: J
PASSED AND APPROVED this, the 7 day of S , 2021.
GERARD HUD , MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
�.J1tj so 0 f D F�40'Ifi
BY: Ld
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w� .•• 2 .
APPROVED AS TO LEGAL FORM: * i
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Hilary Negron F�'•••...,..•••'• 5
2021.07.3016:01:47 ���� +�O �, I
BY: -05'00'
Page 2 of 2
Exhibit A
Legal Description
LEGAL DESCRIPTION
TRACT 1
BEING a 192.53 acre tract of land situated in the Robert Whitlock Survey, Abstract
Number 1403, N. Wade Survey, Abstract Number 1407, and the B.B.B and C.R.R.
Company Survey, Abstract Number 141, Denton County, Texas, and being part of a
called 75.492 acre tract of land described as "Parcel I" in Special Warranty Deed to Robert
W. Harris Heritage Trust, as recorded in Document Number 2012-139301 of the Real
Property Records of Denton County, Texas (R.P.R.D.C.T.), and part of a called 7.937
acre tract of land described in Warranty Deed to Robert W. Harris, as recorded in Clerk's
File Number 93-R0043112, R.P.R.D.C.T., and part of the tracts of land described as
"Parcel I", "Parcel 11" and "Parcel III" in Special Warranty Deed to Robert Woodson Harris,
as recorded in Document Number 2012-139304, R.P.R. D.C.T., and part of a called 8.000
acre tract of land described as "Tract 11" in Special Warranty Deed to Lisa J. Harris Trust,
as recorded in Document Number 2018-118132, R.P.R.D.C.T., and part of a called 8.000
acre tract of land described as "Tract III" in Special Warranty Deed to Richard A. Harris,
III Investment Trust, as recorded in Document Number 2018-118133, R.P.R.D.C.T., and
part of a called 6.362 acre tract of land described as "IV" in Special Warranty Deed to
Richard and Joneel Harris Living Trust, as recorded in Document Number 2018-118131,
R.P.R.D.C.T., and part of the remainder of a called 13.071 acre tract of land described in
Warranty Deed to Richard A. Harris, Jr., in Clerk's File Number 93-43111, R.P.R.D.C.T.,
and part of a called 129.005 acre tract of land described as "Parcel 3" in Special Warranty
Deed to Joneel J. Harris, as recorded in Document Number 2021-6959, R.P.R.D.C.T.,
and being more particularly described as follows:
COMMENCING at the northeast comer (not monumented) of Lot 1, Block A, Western
Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded
in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and
the southeast corner of a said 7.937 acre tract, said corner being on the west right-of-way
line of Interstate Highway 35 (a variable width right-of-way);
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
7.937 acre tract, a distance of 501.17 feet to the POINT OF BEGINNING;
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
7.937 acre tract and the south line of said 75.492 acre tract, a distance of 2,334.61 feet
to the southwest corner of said 75.492 acre tract, said corner being on the east right-of-
way line of Gulf, Central and Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right-
of-way);
THENCE with the east right-of-way line of said G.C. & S.F. RR., the following bearings
and distances:
North 09 degrees 15 minutes 33 seconds West, along the west line of said 75.492
acre tract, a distance of 192.20 feet to a point for corner;
Page 1 of 6
North 16 degrees 14 minutes 37 seconds West, continuing along said west line
and the west line of the aforementioned 129.005 acre tract, a distance of 1,436.24
feet to a point for comer, said comer being the point of curvature of a non -tangent
circular curve to the left, having a radius of 8,669.40 feet, whose chord bears North
18 degrees 05 minutes 55 seconds West, a distance of 548.81 feet;
Northerly, along the west line of said 129.005 and said curve, through a central
angle of 03 degrees 37 minutes 40 seconds, an arc distance of 548.90 feet to a
point for corner;
North 27 degrees 34 minutes 40 seconds West, along the west line of said
129.005, a distance of 205.40 feet to a point for corner, said comer being the point
of curvature of a non -tangent circular curve to the left, having a radius of 8,644.40
feet, whose chord bears North 22 degrees 21 minutes 39 seconds West, a
distance of 331.59 feet;
Northedy, along said west line and said curve, through a central angle of 02
degrees 11 minutes 53 seconds, an are distance of 331.61 feet to a point for
corner;
North 23 degrees 24 minutes 20 seconds West, along said west line, a distance of
473.95 feet to a point for the northwest comer of said 129.005 acre tract;
THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said
129.005 acre tract, passing at a distance of 1,635.17 feet to the northwest comer of a
called 2.219 acre tract of land described as "Parcel 25B Part 2" in Possession and Use
Agreement for Transportation Purposes with Additional Payment of Independent
Consideration to the State of Texas, as recorded in Document Number 2020-178861,
R.P.R.D.C.T., and continuing along the north line of said 2.219 acre tract, passing at a
distance of 3,143.50 feet to the northeast corner of said 2.219 acre tract and the northwest
corner of the aforementioned 6.362 acre tract, and continuing along the north line of said
6.362 acre tract, in all a total distance of 3,411.00 feet to a point for corner;
THENCE South 06 degrees 23 minutes 23 seconds East, departing the north line of said
6.362 acre tract, and over and across said 6.362 acre tract, the aforementioned 8.000
acre tract and the aforementioned 129.005 acre tract, a distance of 1,146.27 feet to a
point for corner on the east line of said 129.005 acre tract and the north line of the
aforementioned 8.00 acre tract;
THENCE North 89 degrees 52 minutes 08 seconds West, along the east line of said
129.005 acre tract and the north line of said 8.00 acre tract, a distance of 302.81 feet to
a point for corner;
Page 2 of 6
THENCE South 03 degrees 26 minutes 23 seconds East, departing said east and north
line, and over and across said 8.00 acre tract, the aforementioned remainder of 13.071
acre tract, the aforementioned 11.615 acre tract, the aforementioned 75.492 acre tract,
and the aforementioned 7.937 acre tract, a distance of 1,860.00 feet to the POINT OF
BEGINNING AND CONTAINING 192.53 acres (8,386,448 square feet) of land, more or
less.
Page 3 of 6
TRACT 2
BEING a 55.25 acre tract of land situated in the Robert Whitlock Survey, Abstract Number
1403, Denton County, Texas, and being all of a called 33.417 acre tract of land described
as "Parcel 2" and all of a called 21.776 acre tract of land described as "Parcel 1" in Special
Warranty Deed to Joneel J. Hams, successor trustee of the martial trust created under
the Richard and Joneel Harris living trust dated October 26, 2017, as recorded in
Document Number 2021-6959 of the Real Property Records of Denton County, Texas
(R.P.R.D.C.T.), and being more particularly described as follows:
COMMENCING at the northeast comer (not monumented) of Lot 1, Block A, Western
Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded
in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and
the southeast comer of a called 7.937 acre tract of land described in Warranty Deed to
Robert W. Harris, as recorded in Clerk's File Number 93-R0043112, R.P.R.D.C.T., said
corner being on the west right-of-way line of Interstate Highway 35 (a variable width right-
of-way);
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
7.937 acre tract and the south line of a called 75.492 acre tract of land described as
"Parcel I" in Special Warranty Deed to Robert W. Harris Heritage Trust, as recorded in
Document Number 2012-139301, R.P.R.D.C.T. and over and across Gulf, Central and
Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right-of-way), a distance of 3,067.77
feet to the southeast comer of said 33.417 acre tract for the POINT OF BEGINNING;
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
33.417 acre tract, a distance of 1,262.98 feet to the southwest corner of said 33.417 acre
tract;
THENCE North 00 degrees 00 minutes 32 seconds East, along the west line of said
33.417 acre tract and said 21.776 acre tract, a distance of 3,013.24 feet to the northwest
corner of said 21.776 acre tract;
THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said
21.776 acre tract, a distance of 245.19 feet to the northeast comer of said 21.776 acre
tract, said corner being on the west right-of-way line of said G.C. & S.F. RR.;
THENCE with the west right-of-way line of said G.C. & S.F. RR., the following bearings
and distances:
South 23 degrees 24 minutes 20 seconds East, along the east line of said 21.776
acre tract, a distance of 529.19 feet to a point for corner, said comer being the
point of curvature of a non -tangent circular curve to the right, having a radius of
8,519.40 feet, whose chord bears South 19 degrees 49 minutes 52 seconds East,
a distance of 1,078.54 feet;
Page 4 of 6
Southerly, along the east line of said 21.776 and said curve, through a central
angle of 07 degrees 15 minutes 30 seconds, an arc distance of 1,079.26 feet to a
point for corner;
South 16 degrees 14 minutes 37 seconds East, along the east line of said 21.776
and the aforementioned 33.417 acre tract, a distance of 1,577.33 feet to the POINT
OF BEGINNING AND CONTAINING 55.25 acres (2,406,814 square feet) of land,
more or less.
NOTE:
This document was prepared under 22 TAC 663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the annexation for which it was prepared.
This survey is an office survey and was prepared with the deed of records found on the
Denton County Appraisal District.
The Basis of Bearing: The north line of the Lot 1, Block A, Western Hills Business Park,
an addition to the City of Denton, Denton County, Texas, recorded in Cabinet H, Page
224 of the Plat Records of Denton County, Texas with the bearing of North 89 degrees
51 minutes 30 seconds West.
This document shall not be recorded for any purposes.
4
Getsy J. Suthan, R.P.L.S. Date
Texas Registration No. 6449
HALFF ASSOCIATES, INC.
1201 NORTH BOWSER ROAD
RICHARDSON, TEXAS 75081
TEL (214) 346-6200
TBPELS FIRM NO. 10029600
Page 5 of 6
Exhibit B
Municipal Services Agreement
MUNICIPAL SERVICES AGREEMENT
This Municipal Service Agreement ("Agreement") is entered into this 3 d day of August
2021, by and between and the City of Denton, a Texas home -rule municipality ("City"), and the
property owners, Robert W. Harris in his individual capacity and as Trustee for the Robert W.
Harris Heritage Trust; Richard A. Harris III, as Trustee for the Richard A. Harris III Investment
Trust; Lisa J. Harris, as Trustee for the Lisa J. Harris Investment Trust; Joneel J. Harris, as Trustee
for the Richard A. Harris Jr. & Joneel J. Harris Living Trust; Joneel J. Harris, as Trustee of the
Marital Trust created under the Richard & Joneel Harris Living Trust (hereafter collectively
referred to as "Harris Ranch Ownership" or "Owner").
RECITALS:
WHEREAS, Section 43.0671 of the TLGC permits the City to annex an area if each
owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter
into a written agreement with the property owner(s) that sets forth the City services to be
provided for the Property on or after the effective date of annexation;
WHEREAS, the Owner owns eight (8) tracts of land, totaling approximately 280 acres of
land (the "Full Project Area"), of which approximately 247.78 acres are located in the City's
extraterritorial jurisdiction, as described in Exhibit A and depicted in Exhibit B, incorporated
herein by reference ("the Property"); and
WHEREAS, the Owner has filed a written petition with the City for voluntary annexation
of the Property, identified as Annexation Case No. A21-0001 ("Annexation Case"); and
WHEREAS, the City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation; and
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Denton City Council.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of
full, available municipal services to the Property in accordance with state law, which
may be accomplished through any means permitted by law.
3. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, "providing
services" includes having services available by any method or means by which the City
makes such municipal services available to any other area of the City, including per the
City's infrastructure extension policies, ordinances, and developer or property owner
participation in accordance with applicable city ordinances, rules, regulations, and policies.
A. Police
Police protection from City's Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
Normal patrols and responses;
2. Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre -hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
Pj
As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
density. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
1. Emergency medical dispatch and pre -arrival First Aid instructions;
2. Pre -hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to
areas of the City of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with
other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. Solid waste and
recycling collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation at a level consistent with current methods and
procedures presently provided to areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize their existing service for up to 2
years in accordance with Texas Local Government Code. Should that private service end
prior to the expiration of the two (2) year term, the customer must initiate solid waste and
recycling services with the City of Denton, pursuant to Chapter 24 of the Code of
Ordinances.
E. Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by
the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/Wastewater
Criteria Manual, ordinances and regulations. If required, City participation in the costs of
these extensions shall be in accordance with applicable City ordinances and regulations.
Capacity shall be provided consistent with other areas having similar characteristics of
topography, land use, and population density. The sanitary sewer infrastructure shall be
compatible and consistent with the City's wastewater master plan.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
utility easements, public rights-of-way, or any other acceptable locations approved by the
Director of Water Utilities, shall be maintained by the City on the effective date of this
ordinance, if installed or improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility of the
private property owner.
F. Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste
Water Criteria Manual, and existing City ordinances and policies. Upon connection to
existing distribution mains, water service will be provided at rates established by city
ordinance.
As new development occurs within these areas, extensions of water distribution mains if
required, cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
service capacity shall be provided consistent with service to areas of the City having similar
L'
characteristics of topography, land use and population density. The water infrastructure
shall be compatible and consistent with the City's water master plan.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to remain on those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G. Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City's annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise established by the City
Council.
Any construction or reconstruction will be considered within the annexation area on a
Citywide basis and within the context of the City's Capital Improvement Plan and/or yearly
fiscal budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. if an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and with
existing City ordinances and policies. Drainage fees will be assessed at the rates
established by city ordinance and will be charged on the utility bill after annexation. All
runoff, whether directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shall be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a Capital Improvement
Project (CIP) project and bonds will need to be sold. Drainage capacity shall be provided
5
consistent with other areas of the City having similar characteristics of topography, land
use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the C1P project matrix, in accordance with the City Drainage Plan.
I. Electric
The proposed annexation area will be served with electricity distribution service in the
most cost-effective manner; provided, however, that before Developer and/or the District
may enter into a contract with an electricity distribution service provider, (i) Developer
and/or the District shall provide the City with any and all bona fide offers that Developer
and/or the District have received from electricity distribution service providers that can
legally serve the District and (ii) the City shall have 30 business days to provide to
Developer and/or the District Denton Municipal Electric's ("DME") offer to provide
distribution electricity service to the District; and provided further, that if DME's offer is
substantially similar to the most cost-effective offer from another distribution electricity
service provider that can legally serve the District, then Developer and/or the District will
obtain electricity distribution service from DME. The term "substantially similar" means
that the terms of the offers provide the approximately the same level of service at
approximately the same start-up cost to Developer. Electric rates applicable to customers
within the District will be pursuant to the then applicable DME rates as approved by the
Denton City Council.
Such electricity service offers will be based upon the following terms:
The electricity distribution service provider will extend electric distribution
facilities as necessary to serve full development of the Land. The electricity
distribution service provider will evaluate the cost associated with service
extension through the undeveloped area to determine if Aid -in -Construction
is required. The electricity distribution service provider is responsible for
installation of all primary -voltage electrical cables, transformers,
switchgear, streetlight poles and LED streetlight fixtures, streetlight cables,
single-family residential services, and other necessary electric distribution
and transmission system equipment in compliance with Electric Service
Standards and Line Extension Policies currently in place at the time of
development, whether onsite or offsite as necessary to provide adequate and
reliable electric service to the Land.
2. Developer will provide all on-site public utility easements to the electricity
distribution provider that are necessary to protect, install, safely operate and
maintain the electric infrastructure, at no cost to the City. PUEs will be 8
feet in width adjacent to street rights-of-way in single family residential
G
areas, and 15 feet in width adjacent to Primary and Secondary Arterial
rights-of-way (20 feet where duct banks are required). Easements will be
conveyed through the platting process unless the electricity distribution
service provider requests an easement be transferred by separate instrument.
The provider agrees to joint trench installation of other franchised utilities
such as telephone, cable tv, fiber optic cables, or other non -gas utilities
within the designated public utility easements as long as those utilities are
on an edge shelf of the trench and not placed directly above the electric
facilities.
Existing overhead electric distribution lines, which are located in the public
rights-of-way, will be relocated by the electricity distribution service
provider at no cost to the Developer when development adjacent to the
existing electric line requires the line to be relocated in order to
accommodate the adjacent development as long as the relocation is also to
an overhead position. If Developer requests the relocation be placed
underground, then Developer shall be responsible for the difference in cost
between the overhead relocation and the underground relocation as
reasonably determined and demonstrated by the electricity distribution
service provider. Existing overhead electric distribution lines not owned by
the electricity distribution service provider will be relocated underground
by the owner of the lines if so required to comply with the Denton
Development Code.
4. Developer will comply with those City approved policies within the DME
Electric Service Standards (ESS), as amended, that are available on the City
website and uniformly applied within the City, including the specifications
for street lighting.
All new distribution electric service within the Land shall be placed
underground except for necessary above ground appurtenances such as
streetlights, switchgear and transformers. The City shall have the right to
inspect the electric facilities prior to placing such facilities into use.
J. Parrs Plalarounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Parks, Recreation and Trails System
Master Plan and other existing City ordinances and policies.
K. Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the annexed area, and not otherwise owned or maintained by another governmental
entity, shall be maintained by the City of Denton on the effective date of the annexation
ordinance.
7
L. Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
M. Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City of Denton having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
4. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density justify different levels of service.
5. AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreement. Owner acknowledges
that approval of the Annexation Case is within the sole jurisdiction of the City Council.
Nothing in this Agreement guarantees favorable decisions by the City Council.
6. EFFECTIVE DATE; TERM
The effective date of this Agreement is the date of the annexation of the Property. This
Agreement shall be valid for a term often (10) years from the Effective Date. .
7. VENUE AND GOVERNING LAW
Venue shall be in the state courts located in Denton County, Texas or the United States
District Court for the Eastern District of Texas. This Agreement shall be governed and
construed in accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
9. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
10. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
11. CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
12. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full, regardless of how the Property is developed.
13. ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the complete agreement of the parties to this Agreement and
supersedes all prior written agreements between the parties. This Agreement shall not be
amended unless executed in writing by both parties. The Parties stipulate that this
Agreement does not constitute a permit for development under Chapter 245 of the Texas
Local Government Code.
The parties have executed this Agreement on the date first above written.
OWNER
By: Robert W. Harris, individually
By: Robert W. Harris, Trustee for the
Robert W. Harris Heritage Trust
By: Richard A. Harris III, as Trustee for
the Richard A. Harris III Investment Trust
By: Lisa J. Harris, as Trustee for the Lisa
J. Harris Investment Trust
By: Joneel J. Harris, as Trustee for the
Richard A. Harris Jr. & Joneel J. Harris
Living Trust
AND
as Trustee of the Marital Trust created under
the Richard & Joneel Harris Living Trust
10
CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Assistant City Manager
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Signature
Title
Department
Date Signed:
APPROVED AS TO LEGAL FORM:
Catherine Clifton, Interim City Attorney
By; Al Hilary Negron
2021.07.3015:55:30
EXHIBIT A
LOCATION MAP
I
EXHIBIT B
LEGAL DESCRIPTION
12
LEGAL DESCRIPTION
TRACT 1
BEING a 192.53 acre tract of land situated in the Robert Whitlock Survey, Abstract
Number 1403, N. Wade Survey, Abstract Number 1407, and the B.B.B and C.R.R.
Company Survey, Abstract Number 141, Denton County, Texas, and being part of a
tailed 75.492 acre tract of land described as "Parcel I" in Special Warranty Deed to Robert
W. Harris Heritage Trust, as recorded in Document Number 2012-139301 of the Real
Property Records of Denton County, Texas (R.P.R.D.C.T.), and part of a called 7.937
acre tract of land described in Warranty Deed to Robert W. Harris, as recorded in Clerk's
File Number 93-R0043112, R.P.R.D.C.T., and part of the tracts of land described as
"Parcel I", "Parcel II" and "Parcel III" in Special Warranty Deed to Robert Woodson Harris,
as recorded in Document Number 2012-139304, R.P.R. D.C.T., and part of a called 8.000
acre tract of land described as MTract II" in Special Warranty Deed to Lisa J. Harris Trust,
as recorded in Document Number 2018-118132, R.P.R.D.C.T., and part of a called 8.000
acre tract of land described as "Tract III" in Special Warranty Deed to Richard A. Harris,
III Investment Trust, as recorded in Document Number 2018-118133, R.P.R.D.C.T., and
part of a called 6.362 acre tract of land described as "IV" in Special Warranty Deed to
Richard and Joneel Harris Living Trust, as recorded in Document Number 2018-118131,
R.P.R.D.C.T., and part of the remainder of a called 13.071 acre tract of land described in
Warranty Deed to Richard A. Harris, Jr., in Clerk's File Number 93-43111, R.P.R.D.C.T.,
and part of a called 129.005 acre tract of land described as "Parcel 3" in Special Warranty
Deed to Joneel J. Harris, as recorded in Document Number 2021-6959, R.P.R.D.C.T.,
and being more particularly described as follows:
COMMENCING at the northeast comer (not monumented) of Lot 1, Block A, Western
Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded
in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and
the southeast corner of a said 7.937 acre tract, said corner being on the west right-of-way
line of Interstate Highway 35 (a variable width right-of-way);
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
7.937 acre tract, a distance of 601.17 feet to the POINT OF BEGINNING;
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
7.937 acre tract and the south line of said 75.492 acre tract, a distance of 2,334.61 feet
to the southwest corner of said 75.492 acre tract, said corner being on the east right-of-
way line of Gulf, Central and Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right-
of-way);
ightof-way);
THENCE with the east right-of-way line of said G.C. & S.F. RR., the following bearings
and distances:
North 09 degrees 15 minutes 33 seconds West, along the west line of said 75.492
acre tract, a distance of 192.20 feet to a point for corner;
Page 1 of 6
North 16 degrees 14 minutes 37 seconds West, continuing along said west line
and the west line of the aforementioned 129.005 acre tract, a distance of 1,436.24
feet to a point for comer, said comer being the point of curvature of a non -tangent
circular curve to the left, having a radius of 8,669.40 feet, whose chord bears North
18 degrees 05 minutes 55 seconds West, a distance of 548.81 feet;
Northerly, along the west line of said 129.005 and said curve, through a central
angle of 03 degrees 37 minutes 40 seconds, an arc distance of 548.90 feet to a
point for corner;
North 27 degrees 34 minutes 40 seconds West, along the west line of said
129.005, a distance of 205.40 feet to a point for corner, said corner being the point
of curvature of a non -tangent circular curve to the left, having a radius of 8,644.40
feet, whose chord bears North 22 degrees 21 minutes 39 seconds West, a
distance of 331.59 feet;
Northerly, along said west line and said curve, through a central angle of 02
degrees 11 minutes 53 seconds, an are distance of 331.61 feet to a point for
corner;
North 23 degrees 24 minutes 20 seconds West, along said west line, a distance of
473.95 feet to a point for the northwest corner of said 129.005 acre tract;
THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said
129.005 acre tract, passing at a distance of 1,635.17 feet to the northwest corner of a
called 2.219 acre tract of land described as "Parcel 25B Part 2" in Possession and Use
Agreement for Transportation Purposes with Additional Payment of Independent
Consideration to the State of Texas, as recorded in Document Number 2020-178861,
R.P.R.D.C.T., and continuing along the north line of said 2.219 acre tract, passing at a
distance of 3,143.50 feet to the northeast corner of said 2.219 acre tract and the northwest
corner of the aforementioned 6.362 acre tract, and continuing along the north line of said
6.362 acre tract, in all a total distance of 3,411.00 feet to a point for corner;
THENCE South 06 degrees 23 minutes 23 seconds East, departing the north line of said
6.362 acre tract, and over and across said 6.362 acre tract, the aforementioned 8.000
acre tract and the aforementioned 129.005 acre tract, a distance of 1,146.27 feet to a
point for corner on the east line of said 129.005 acre tract and the north line of the
aforementioned 8.00 acre tract;
THENCE North 89 degrees 52 minutes 08 seconds West, along the east line of said
129.005 acre tract and the north line of said 8.00 acre tract, a distance of 302.81 feet to
a point for corner;
Page 2 of 6
THENCE South 03 degrees 26 minutes 23 seconds East, departing said east and north
line, and over and across said 8.00 acre tract, the aforementioned remainder of 13.071
acre tract, the aforementioned 11.615 acre tract, the aforementioned 75.492 acre tract,
and the aforementioned 7.937 acre tract, a distance of 1,860.00 feet to the POINT OF
BEGINNING AND CONTAINING 192.53 acres (8,386,448 square feet) of land, more or
less.
Page 3 of 6
TRACT 2
BEING a 55.25 acre tract of land situated in the Robert Whitlock Surrey, Abstract Number
1403, Denton County, Texas, and being all of a called 33.417 acre tract of land described
as "Parcel 2" and all of a called 21.776 acre tract of land described as "Parcel 1" in Special
Warranty Deed to Joneel J. Harris, successor trustee of the martial trust created under
the Richard and Joneel Harris living trust dated October 26, 2017, as recorded in
Document Number 2021-6959 of the Real Property Records of Denton County, Texas
(R.P.R.D.C.T.), and being more particularly described as follows:
COMMENCING at the northeast corner (not monumented) of Lot 1, Block A, Western
Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded
in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and
the southeast comer of a called 7.937 acre tract of land described in Warranty Deed to
Robert W. Harris, as recorded in Clerk's File Number 93-R0043112, R.P.R.D.C.T., said
corner being on the west right-of-way line of Interstate Highway 35 (a variable width right-
of-way);
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
7.937 acre tract and the south line of a called 75.492 acre tract of land described as
"Parcel I" in Special Warranty Deed to Robert W. Harris Heritage Trust, as recorded in
Document Number 2012-139301, R.P.R.D.C.T. and over and across Gulf, Central and
Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right-of-way), a distance of 3,067.77
feet to the southeast comer of said 33.417 acre tract for the POINT OF BEGINNING;
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said
33.417 acre tract, a distance of 1,262.98 feet to the southwest corner of said 33.417 acre
tract;
THENCE North 00 degrees 00 minutes 32 seconds East, along the west line of said
33.417 acre tract and said 21.776 acre tract, a distance of 3,013.24 feet to the northwest
corner of said 21.776 acre tract;
THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said
21.776 acre tract, a distance of 245.19 feet to the northeast corner of said 21.776 acre
tract, said corner being on the west right-of-way line of said G.C. & S.F. RR.;
THENCE with the west right-of-way line of said G.C. & S.F. RR., the following bearings
and distances:
South 23 degrees 24 minutes 20 seconds East, along the east line of said 21.776
acre tract, a distance of 529.19 fleet to a point for corner, said comer being the
point of curvature of a non -tangent circular curve to the right, having a radius of
8,519.40 feet, whose chord bears South 19 degrees 49 minutes 52 seconds East,
a distance of 1,078.54 feet;
Page 4 of 6
Southerly, along the east line of said 21.776 and said curve, through a central
angle of 07 degrees 15 minutes 30 seconds, an arc distance of 1,079.26 feet to a
point for comer;
South 16 degrees 14 minutes 37 seconds East, along the east line of said 21.776
and the aforementioned 33.417 acre tract, a distance of 1,577.33 feet to the POINT
OF BEGINNING AND CONTAINING 55.25 acres (2,406,814 square feet) of land,
more or less.
NOTE:
This document was prepared under 22 TAC 663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the annexation for which it was prepared.
This survey is an office survey and was prepared with the deed of records found on the
Denton County Appraisal District.
The Basis of Bearing: The north line of the Lot 1, Block A, Western Hills Business Park,
an addition to the City of Denton, Denton County, Texas, recorded in Cabinet H, Page
224 of the Plat Records of Denton County, Texas with the bearing of North 89 degrees
51 minutes 30 seconds West.
This document shall not be recorded for any purposes.
Getsy J. Suthan, R.P.L.S. Date
Texas Registration No. 6449
HALFF ASSOCIATES, INC.
1201 NORTH BOWSER ROAD
RICHARDSON, TEXAS 75081
TEL (214) 346-6200
TBPELS FIRM NO. 10029600
Page 5 of 6
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Exhibit C
Schedule of Annexation
A21-0001 HARRIS RANCH
ANNEXATION and ZONING SCHEDULE
Uncomina city council meetincs are:
July 2021 - 7120 (Regular), 7127 (4th Tues.)
August 2021 - 8/3 (Regular), 8110 (2"d Tues.), 8117 (Regular), 8124 (4th Tues.)
September 2021 - 9/14 (2"d Tues.), 9121 (Regular), 9/28 (4th Tues.)
October 2021 - 10/12 (2nd Tues.), 10/19 (Regular), 10126 (4th Tues.)
Uncomina P&Z meetings are:
July 2021
- 7114 & 7/28
August 2021
- 814 & 8/18
September 2021
- 918 & 9/22
October 2021
- 10/6 & 10120
Annexation
7/13/2021 Petition for Annexation submitted
7/21/2021 Deadline to submit noticed to Denton Record Chronicle and City Website for publication
before the 10`h day before the public hearing on August 3, 2021 (published on Saturday,
July 24, 2021)
7/29/2021 Deadline to submit backup for posting of City Council Agenda for Regular Meeting on
August 3, 2021.
8/3/2021 Annexation Municipal Service Agreement - IC (Required prior to annexation per
43.0572),
Annexation Public Hearing -- PH (Only one public hearing is required per 43.0573),
AND
First Reading of annexation ordinance - IC (per City Charter)
8/8/2021 Publish Ordinance in the paper. (Charter Sec. 1.03; cannot be acted on for 30 days).
9/14/2020 CC by 4/5ths vote takes final action - IC (2nd Tuesday meeting)
Second Reading of annexation ordinance.
Adoption of annexation ordinance (30 days+ post publication per Charter Sec. 1.03)
Post -Annexation Adoption Procedures:
1. Notification to Comptroller
2. File certified copy of ordinances with the Denton County Clerk
3. File certified copy of ordinances with the Denton CAD
4. Pre -clearance (Letter to DOJ)
5. Revise City Map
Zoning
712712021 Initial Submittal Date for Rezoning Application
9/15/2021 Notifications sent and project scheduled for public hearing (Notifications cannot be sent
until annexation ordinance is adopted. All review comments must be resolved and
neighborhood meeting held by this date)
9/24/2021 Deadline for applicant to post public hearing signs on property
10/6/2021 Public hearing for zoning at Planning and Zoning Commission
11/2/2021 Public hearing for zoning at City Council